36C26118Q0106-001.pdf

36C26118Q0106

B.1 CONTRACT ADMINISTRATION DATA

(continuation from Standard Form 1449, block 18A.)

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C261

Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Northern California HealthCare System 5342 Dudley Blvd, Bldg 209 McClellan CA 95652-2609

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Monthly

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

Department of Veterans Affairs FMS VA-9(101) Financial Services Center PO Box 149971 Austin TX 78714-9971

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

AMENDMENT NO DATE

Price Schedule

To submit a quote, please fill in your unit prices.

Base Year: February 1, 2018 to January 31, 2019

Item Description Unit

Quantity Unit Price

Total

Security Guard Services Primary Care Clinics Included MO 12 $0.00 $0.00

0002 Supervision MO 12 $0.00 $0.00 0003 Overtime Guard I (estimated) HR 1,000 $0.00 $0.00 0004 Overtime Guard II (estimated) HR 1,000 $0.00 $0.00 0005 On Call Guard I (estimated) HR 500 $0.00 $0.00 0006 On Call Guard II (estimated) HR 500 $0.00 $0.00

Base Total $0.00

Option Year #1: February 1, 2019 to January 31, 2020

Security Guard Services Primary Care Clinics Excluded MO 12 $0.00 $0.00

1002 Supervision MO 12 $0.00 $0.00 1003 Overtime Guard I (estimated) HR 1,000 $0.00 $0.00 1004 Overtime Guard II (estimated) HR 1,000 $0.00 $0.00 1005 On Call Guard I (estimated) HR 500 $0.00 $0.00 1006 On Call Guard II (estimated) HR 500 $0.00 $0.00

OY1 Total $0.00

Option Year #2: February 1, 2020 to January 31, 2021

Security Guard Services Primary Care Clinics Excluded MO 12 $0.00 $0.00

2002 Supervision MO 12 $0.00 $0.00 2003 Overtime Guard I (estimated) HR 1,000 $0.00 $0.00 2004 Overtime Guard II (estimated) HR 1,000 $0.00 $0.00 2005 On Call Guard I (estimated) HR 500 $0.00 $0.00 2006 On Call Guard II (estimated) HR 500 $0.00 $0.00

OY2 Total $0.00

Optional Line Items

Northwest Primary Care Clinic 02-01-2019 to 07-31-2019 MO 6 $0.00 $0.00

Southwest Primary Care Clinic 02-01-2019 to 07-31-2019 MO 6 $0.00 $0.00

Southeast Primary Care Clinic 02-01-2019 to 07-31-2019 MO 6 $0.00 $0.00

Northwest Primary Care Clinic 08-01-2019 to 01-31-2020 MO 6 $0.00 $0.00

Southwest Primary Care Clinic 08-01-2019 to 01-31-2020 MO 6 $0.00 $0.00

Southeast Primary Care Clinic 08-01-2019 to 01-31-2020 MO 6 $0.00 $0.00

Northwest Primary Care Clinic 02-01-2020 to 07-31-2020 MO 6 $0.00 $0.00

Southwest Primary Care Clinic 02-01-2020 to 07-31-2020 MO 6 $0.00 $0.00

Southeast Primary Care Clinic 02-01-2020 to 07-31-2020 MO 6 $0.00 $0.00

Northwest Primary Care Clinic 08-01-2020 to 01-31-2021 MO 6 $0.00 $0.00

Southwest Primary Care Clinic 08-01-2020 to 01-31-2021 MO 6 $0.00 $0.00

Southeast Primary Care Clinic 08-01-2020 to 01-31-2021 MO 6 $0.00 $0.00

Option Line Total $0.00

Grand Total $0.00

Statement of Work Security Guard Services

Southern Nevada Healthcare System

Section 1: General Information

1.1 General: This is a non-personal services contract to provide security guard services for the VA Southern Nevada Healthcare System (VASNHS). The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.2 Period of Performance:

Base Year: February 1, 2018 to January 31, 2019 Option Year #1: February 1, 2019 to January 31, 2020 Option Year #2: February 1, 2020 to January 31, 2021

1.3 Place of Performance: Services are required at the following locations.

Northwest Primary Care Clinic 3968 N Rancho Dr.

Las Vegas, NV 89130 Clark County

Southeast Primary Care Clinic 1020 S Boulder Henderson, NV 89015 Clark County

Southwest Primary Care Clinic 7235 South Buffalo Drive Las Vegas, NV 89113 Clark County

VA Medical Center (CLC, MHC, Admin Bldg.)

6900 North Pecos Road N. Las Vegas, NV 89191 Clark County

MCPO Jesse Dean VA Clinic 3650 South Point Cir, Bldg. D, 2nd FL, Ste 200 Laughlin, NV 89029 Clark County

Pahrump CBOC 220 South Lolo Lane Pahrump, NV 89048 Nye County

Veterans Recovery Center 3525 West Cheyenne Ave North Las Vegas, NV 89032 Clark County

1.4 Hours of Operation: The work shifts for each location are as follows. Federal holidays are excluded.

Northwest Primary Care Clinic 2 Guard II 0600-1830, M-F, 2 Guard II 0630-1830 SAT Southwest Primary Care Clinic 2 Guard II 0600-1830, M-F, 2 Guard II 0630-1830 SAT Southeast Primary Care Clinic 2 Guard II 0600-1830, M-F, 2 Guard II 0630-1830 SAT MCPO Jesse Dean VA Clinic 1 Guard II 0730-1730, Mon, 1 Guard II 0730-1700, Tue-Fri Pahrump CBOC 1 Guard II 0130-1830, M-F VA Medical Center 1 Guard II, 2E-MHC, 24/7 coverage

1 Guard I, Admin, 0700-1630, M-F 1 Guard I, CLC, 0600-1800, M-F 1 Guard I, CLC, 0630-1830, SAT 1 Security Supervisor, 24/7 coverage

Veterans Recovery Center 1 Guard II 0730-1600, M-F

1.5 Transition Plan for Primary Care Clinics: The long term strategic plan for the Primary Care Clinics is to have VA Police patrolling these three locations. Until the VA is able to hire and train VA Police the services will be provided by Contractor personnel. The price schedule for option year #1 and #2 include optional line items as 1007 to 1012 and 2007 to 2012. Starting during option year #1 of the contract, the VA will determine whether to exercise these optional line items. The optional line items are in six month increments. If the optional line items are exercised, it will be processed through a contract modification.

1.6 Type of Contract: The award will be firm fixed price contract.

1.7 Invoicing: All invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

VA’s Electronic Invoice Presentment and Payment System – The FSC uses a third-party contractor, Tungsten, to transition vendors from paper to electronic invoice submission. Please go to this website: http://www.tungsten-network.com/US/en/veterans-affairs/ to begin submitting electronic invoices, free of charge.

More information on the VA Financial Services Center is available at http://www.fsc.va.gov/einvoice.asp.

Vendor e-Invoice Set-Up Information:

Please contact Tungsten at the phone number or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center for payment processing, free of charge. If you have question about the e-invoicing program or Tungsten, please contact the FSC at the phone number or email address listed below:

• Tungsten e-Invoice Setup Information: 1-877-489-6135

• Tungsten e-Invoice email: VA.Registration@Tungsten-Network.com

• FSC e-Invoice Contact Information: 1-877-353-9791

• FSC e-invoice email: vafsccshd@va.gov

Section 2: Definitions & Acronyms

2.1 Definitions:

Contractor. A supplier or vendor awarded a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

On Call. Services needed at any location listed in section that is in additional the regular work shifts listed in section 1.4. For example, having a second Guard detailed to Pahrump for a day in addition to the Guard already on site. This would not fall under the overtime line item at would be at the regular pay rate. If the amount of on call work exceeded the overtime limits, then the hours that are considered overtime would fall under the rates listed for the overtime line item.

Subcontractor. One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

http://www.tungsten-network.com/US/en/veterans-affairs/ http://www.fsc.va.gov/einvoice.asp mailto:VA.Registration@Tungsten-Network.com mailto:vafsccshd@va.gov

Work Day. The number of hours per day the Contractor provides services in accordance with the contract.

Work Week. Monday through Friday, unless specified otherwise.

2.2 Acronyms:

CAO Clinic Administrative Officer CD Clinic Director CMO Chief Medical Officer CO Contracting Officer COR Contracting Officer Representative PPE Personal Protective Equipment RHA Regular Hours of Assignment SOP Standard Operating Procedures SOW Statement of Work VA Veterans Affairs VA SNHS Veterans Affairs Southern Nevada Healthcare System

Section 3: Government Furnished Property, Equipment, and Services

The government will provide the security guard with a copy of the VA SNHS Police SOP, and a guard office with the following:

A. Desk - 1 each.

B. Chair - 1 each.

C. Telephone (single line) D. Computer

Accountability for Government Property. All non-disposable property furnished by the Government under this contract will remain the property of the Government. Annually and upon termination of the contract, the Contractor shall conduct a joint inventory of all such property with the COR. Any property furnished by the Government to fulfill contracted requirements which is lost or damaged, resulting from improper use or negligence by the Contractor’s employees, shall be repaired or replaced at the Contractor’s expense, as directed by the COR.

Section 4: Contractor Furnished Items and Services

4.1 The Contractor shall in accordance with applicable Federal Regulations, obtain all permits for the operation of radio equipment over Government identified frequencies. A copy of all such permits shall be delivered to the COR prior to the utilization of designated frequencies.

4.2 Uniforms and Equipment:

A. The Contractor will be responsible for providing any vehicles that are needed in the performance of the contract.

B. Security guards shall have uniforms and standard industry accessories. Each security guard shall be provided with uniforms at no cost to the employee or Government.

C. The color of the Contractor’s security guard’s uniforms shall be a general color used by guards or police organizations. Security guards shall wear the same color and style of uniform.

Appropriately styled uniforms shall be worn by female members of the guard force.

D. Shoulder patches shall indicate the identity of the Contractor and shall be worn on the left shoulder of the uniform jacket and shirt. Identification name tags shall be worn over the right breast shirt pocket. No other identification of the Contractor or employee shall be worn or displayed on the uniform.

E. Approved uniforms and related accessories listed do not have to be new but shall be in good condition (one or more sites may require only a portion of the items listed below):

1) Shirt, long sleeve

2) Shirt, short sleeve

3) Trousers, all season weight

4) Necktie

5) Jacket, winter, patrol type (reefer style)

6) Jacket, light weight

7) Gloves, (pair) (color to match accessories)

8) Key strap with flap

9) Flashlight, 4 “D” cell, metal

10) Flashlight holder, (snap away (D-cell)

11) Insignia, shoulder patch (each shirt and jacket)

12) Whistle, Thunder, with chain attachment

13) White (non-supervisory), gold (supervisory) metal cap ornament.

14) Nameplate, 3 ½” X ¾”, black/blue, ½” lettering on gold metal.

15) Radio case (if radio is required)

16) Surgical/protective glove pouch

17) Safety boots

F. Long or short sleeve shirts may be worn for the season or as weather permits.

G. The uniform shall only be worn when the officer is on official duty or in transit between residence and duty station.

H. The color of the accessories and equipment shall be standard black/brown to match the uniform.

I. Shoes shall be low quarter or high topped, laced type with police or plain toe and standard heel.

The color of the shoe shall match the color of leather equipment accessories; any deviation from the above requirements shall be approved by the COR.

J. Inclement weather clothing shall be required for those guards required to perform duties while exposed to cold, rain, and other inclement weather conditions. All weather clothing shall be identical in style and color for each guard.

Note: No guard shall enter on duty without wearing the proper uniform (including accessories).

K. Each guard on duty shall be equipped with supplementary equipment including, but not limited to: notebook, pen, pencil, replacement flashlight batteries, bulbs, and traffic control safety apparel (reflective vest, gloves, traffic baton). Guards shall not equip themselves with unauthorized supplemental, personal items and/or non-standard items including personal cellular phones.

Section 5: Specific Tasks

5.1 Roving Patrol security guards shall provide roving patrol services for all sites listed in the schedule.

Services shall include but not limited to the following:

A. Ensure all entrances are secure.

B. Ensure intrusion alarms are on and functioning correctly.

C. Be vigilant of vandalism to buildings and/or government vehicles.

D. Notify and report vandalism to VA Police, local police, and/or designated VA staff official, upon discovery of a crime.

E. Monitor metal detectors at entry control points at all sites.

5.2 Security Supervisor

A. Ensure officers are on post and in proper uniform.

B. Ensure post orders are current and up-to-date.

C. Respond to all reported building alarms after hours, assist security guards with inputting required reports in record system.

D. Ensure the guards are competent in their duties, and ensure that the daily operating journal is correct during their assigned shift.

E. Be vigilant of vandalism to buildings and/or government vehicles.

F. Notify VA Police or local law enforcement upon discovery of a crime.

G. Ensure that officers are properly trained in accordance to the requirements of VASNHS.

H. Ensure that security officers do not view none authorized posts while performing their duty

(Social Media, YouTube, etc.,).

I. Ensure that guards do not use personal cellular devices during work hours.

J. Maintain Competency Folders on all Security Officers, available for inspection at all times.

5.3 Functions and Responsibilities

A. Entrance Control Post: Operate and enforce a system of personnel identification and perform package inspections as directed.

B. Patrol Posts: Conduct patrols in accordance with established routes and schedules.

C. Traffic Control: Direct traffic (vehicle and pedestrian), control parking, issue courtesy violation notices.

D. Security and Fire Systems: Monitor and operate building fire alarm and intrusion detection systems and other protection devices or building equipment.

E. CCTV Systems: Monitor and operate building CCTV (Video Surveillance System).

F. Building Rules and Regulations: Observe building occupants and visitors to ensure compliance with the posted rules and regulations.

G. Lost and Found: Turn Lost and Found items to the appropriate Lost and Found Site Manager personnel. Ensure that high value items have a receipt and that is given to VA Police using VA Forms 10-3524 and 10-3524a.

H. Law and Order: Maintain law and order within areas of assignment by contacting VA police and /or Local Law Enforcement.

I. Unauthorized Access: Discover and detain persons attempting to gain unauthorized access to property.

J. Flying the United States Flag: Assist in the placement of flying the U.S. Flag and other flags as directed by the Contracting Officer Representative (COR).

K. Additional Duties: Turn off unnecessary lights, secure windows, doors and gates.

L. Reports and Records: Prepare and maintain reports and daily records. Give reports to the

VASNHS Police Department.

M. Civil Disturbances: Resolve civil disturbances or other criminal acts and safeguard Government property and the public.

N. Emergencies: Respond to emergency situations and provide appropriate assistance. Notify the

COR of action taken.

O. Drills: Participate in VASNHS emergency drills.

5.4 Additional Functions and Responsibilities

A. Security Guards shall be assigned to entrances of buildings to monitor pedestrian traffic and to patrol the interior and exterior of the facility. The primary functions are to provide security by conducting patrols, and report dangerous conditions resulting in violations of health and safety codes.

B. When efforts to prevent crime fail, the Security Guards shall notify VASNHCS Police by two-way radio or telephone and if no contact with VA Police, 911.

C. The Security Guards are required to render courteous assistance to employees, patients, and visitors and to safeguard their welfare during emergencies. The guards are responsible to exercise leadership, control and direction during fire, storms, earthquakes or other mishaps, which threaten lives.

5.5 Intrusion Alarm Monitoring System

A. Security Guards shall monitor alarms for intrusion, interior motion detectors, pharmacy area and agent cashier’s window.

5.6 Alarm Monitoring System Requirements

A. The Contractor shall respond to the site, within forty-five (45) minutes of an alarm notification (depending on location). Upon arrival, if there is evidence that a crime is in progress or there is evidence that a crime has taken place, security guard shall notify local law enforcement and the on-duty VA Police Supervisor. If there is no contact with VA Police Supervisor, contact will be made with Assistant Chief, then as a last resort the Chief, VA Police Services.

B. Contractor shall respond to all security intrusion alarms.

C. Contractor shall inform the COR and dispatch officer of any mechanical equipment malfunctions which may require a work order.

5.7 Contractor Point of Contact

A. Contractor shall provide a point of contact for contract administration which shall include name, address, telephone number, and email address.

5.8 Training

A. Contractor Furnished Training

1) The Contractor shall submit to the COR written certification that each contract employee has been trained on the subject areas as required by the state of Nevada security guard training.

2) Contractor shall ensure that new employees shall meet training requirements before starting work.

B. All formal training required shall be provided by persons who are certified or qualified to instruct on required subjects. Certification to instruct the specific subject shall be in the form of a certificate issued by an accredited institution of learning (school, college, university, etc.), a governmental (Federal, State, County, etc.), or by documentation that the person instructing has sufficient experience in the subject matter.

C. In addition to the required formal training, the Contractor shall provide follow-up orientation of each employee twenty-one (21) days after the initial assignment. This orientation may be accomplished while the guards are on duty. The Contractor shall certify the completion of the orientation for each guard to the COR within forty-five (45) days following assignment of duty.

The follow-up orientation shall include but not be limited to the following subjects:

1) Rules, regulations and procedures for the facility (1 hour).

2) Policy and specific procedures for responding to emergency alarms, bomb threats, incendiary devices in the facility (1 hour).

3) Procedure for operating the security systems within the facility (1 hour).

4) Procedure for and operating of the firefighting equipment within the facility (1 hour).

5) Vehicle traffic and parking control (1 hour).

6) VA Handbook 0730 (1 hour).

7) Use of Force (4-8 hours).

5.9 Education/Experience

A. Supervisor: The Contractor shall provide an on-site supervisor. The supervisor shall have a background with a minimum of two (2) years of successful experience in field supervision (civilian community law enforcement, military service law enforcement, or security, commercial industrial guard service or individual guard service or security).

B. Security Guards: Guards assigned by the Contractor shall have a high school education or equivalency with two (2) years’ experience demonstrating the ability to:

1) Meet and deal with the general public.

2) Read, understand and apply printed rules, detailed orders, instructions, and training materials.

3) Maintain poise and self-control under stress.

4) Construct and write clear, concise, accurate and detailed reports.

C. Military Service may be credited toward meeting the above requirements.

D. Age: Contractor employees performing under a resulting contract shall be a minimum of eighteen (18) years of age.

E. Health and Physical Fitness Requirements:

1) Contractor employees shall be physically able to perform all duties, functions, and activities;

free from any communicable disease; well-proportioned as to height and weight; in good general health without physical defects or abnormalities which would interfere with the performance of these duties.

2) Contractor employees shall possess binocular vision correctable to 20/30 (snellen); free of color blindness, and capable of hearing conversation within fifteen (15) feet without the benefit of a hearing aid.

3) Security guards shall be given a physical examination at no additional cost to the Government or the employee. Medical certification attesting to the final results of this examination shall be provided to the COR upon request.

4) Additionally, security guards shall undergo a psychological assessment at no additional cost to the Government or the employee on an annual basis. The psychological assessment shall be provided by a physician or licensed practitioner authorized to conduct such examinations.

Results shall be sent to the COR upon request.

5.10 Quality Assurance

A. The Contractor shall perform services in accordance with the ethical, professional and technical standards with regulations and procedures. Persons provided by the Contractor shall be technically proficient in the skills necessary to fulfill the Government’s requirements, to include the ability to speak, understand, read and write English fluently.

5.11 Contractor Personnel

A. The Government reserves the right to accept or reject Contractor’s staff for the rendering of services. Complaints concerning Contractor’s personnel’s performance or conduct will be dealt with by the Contractor, and COR with the final decision being made by the Contracting Officer.

B. Personnel Policy: The Contractor shall be responsible for protecting the personnel furnishing services under this contract. To carry out this responsibility, the Contractor shall provide the following for these personnel:

1) Worker’s Compensation

2) Health Examinations

3) Income Tax Withholding, and

4) Social Security Payments

C. The Contractor shall follow all existing local, state, federal and/or union laws/regulations relevant to fringe benefits and premium pay for their employees. Contractor personnel shall not be considered VA employees for any purpose.

D. The Contracting Officer or her designee shall notify the Contractor of any noncompliance with the foregoing provisions and the action to be taken. After receipt of such notice, the Contractor shall immediately correct the problem.

5.12 Insurance Coverage

A. The Contractor shall maintain Workers Compensation and Employee’s Public Liability Insurance in accordance with the laws of Nevada.

B. The Contractor shall comply with all applicable Federal and State laws regarding liability for the injury or death of an employee in performing the work under this contract and shall hold the Government harmless against any or all loss, cost, damage, claim expense or liability for accident or injury to persons or property occurring in the performance of this contract.

C. Before commencing work under this contract, the Contractor shall furnish an insurance certificate indicating coverage has been obtained and may not be changed or canceled without a thirty (30) days’ notice to the Contracting Officer. Offerors are encouraged to ensure they have the applicable insurance coverage and that it is current and up-to-date prior to submitting their offer.

5.13 Ordering Activities and Officers

A. The Contractor shall not accept any instructions issued by any other person(s) other than the Contracting Officer or COR acting within the limits of his/her authority.

5.14 Recordkeeping System

A. The VA has established and shall maintain a record keeping system for verification of actual hours worked by the Contractor’s employees. Contractor’s employees shall be required to sign the record, which shall be used to audit/match Contractor’s invoice. Records such as time and attendance logs shall be used to verify contractor's performance. This procedure is mandatory and will be strictly enforced.

5.15 Changes

A. Only those services specified herein are authorized. Before performing any service of a non-contract nature, the Contractor shall advise the Contracting Officer of the reasons for the additional work. Changes to the resulting contract are not authorized, unless agreed upon in writing by the Contracting Officer and the Contractor.

5.16 Contract Security

A. The Office of Security and Law Enforcement provides Department-wide policy on the assignment of appropriate position sensitivity designations associated with Department of Veterans Affairs (VA) positions involving national security and public trust responsibilities, and on the level of background investigations required for applicants for, and incumbents of, those positions.

B. In accordance with VA 0710 Handbook, appointees and contract personnel appointed to Low Risk positions must be subjects of a background investigation conducted by OPM and receive a favorable adjudication from the VA Office of Security and Law Enforcement to ensure compliance with such policy. If such investigation has not been completed prior to contract commencement, the Contractor shall be responsible for the actions of those individuals performing under the contract. Should the contract require Contractor’s personnel to maintain U.S. citizenship, the Contractor shall be responsible for compliance. Regardless of U.S.

citizenship requirements, Contractor’s personnel are required to read, write, speak, and understand the English language, unless otherwise specified in this contract or agreed to by the Government.

C. The Contractor shall be required to furnish all applicable employee information required to conduct the investigation, such as, but not limited to, the name, address, and social security number of the Contractor’s personnel. The VA will provide all the necessary instructions and guidance for submission of the documents required to conduct the background investigation.

Background investigations shall not be required for contract personnel assigned to Low Risk/Non-sensitive positions for 180 days or less under a single contract or series of contracts.

However, a Security Access Clearance (SAC) background screening will be required for appropriate preliminary checks in accordance with VA Directive 0710.

5.17 Miscellaneous

A. Parking Policy: Contractor personnel shall park in designated parking areas. Parking information is available from the VA Police. The VA will not invalidate or make reimbursement for parking violations of the Contractor's personnel under any circumstances.

B. Smoking Policy: The Contractor shall ensure its personnel are informed that smoking is not permitted within or around the VA Healthcare System facilities, except in designated areas.

C. Government Telephones: The Contractor shall ensure its personnel do not use Government telephones for personal reasons.

D. Badges: All Contractor personnel are required to wear identification (I.D.) badges during the entire time they are on the VA Southern Nevada Healthcare System grounds. I.D. badges must have identification picture, name of the individual and the represented company depicted on it.

E. Overtime and Holidays: Overtime shall be approved by the COR before work commences.

F. National Holidays: Listed below are the ten national holidays:

New Year’s Day January 1 Martin Luther King ‘s Birthday Third Monday in January President’s Day Third Monday in February Memorial Day Last Monday in May Independence Day July 4 Labor Day First Monday in September Columbus Day Second Monday in October Veterans Day November 11 Thanksgiving Day Fourth Thursday in November Christmas Day December 25

When one of the holidays fall on a Sunday, the following Monday shall be observed as a national holiday. When a holiday falls on a Saturday, the preceding Friday is observed as a national holiday by U.S. Government Agencies. Any day specifically declared by the President of the United States of America as a national holiday are also included.

Section 6: Attachments

Attachment #1 Business Associate Agreement

Attachment #2 Contractor Security Requirements

Attachment #3 VA Directive 0710

Attachment #4 VA Handbook 0730

Attachment #5 Wage Determinations

Attachment #6 Past Performance Survey

Attachment #7 Price Schedule

B.2 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND

COMPLIANCE (JUN 2011)

This solicitation includes VA Notice of Total Service-Disabled Veteran-Owned Small Business Set- Aside. Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) retained by VA to assist in assessing the contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to contractor's offices where the contractor's business records or other proprietary data are retained and to review such business records regarding the contractor's compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

B.3 IT CONTRACT SECURITY

VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY

1. GENERAL

Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.

2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

a. A contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order.

b. All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.

c. Contract personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by Executive Order 12829 to ensure that cleared U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The Department of Veterans Affairs does not have a Memorandum of Agreement with Defense Security Service (DSS). Verification of a Security Clearance must be processed through the Special Security Officer located in the Planning and National Security Service within the Office of Operations, Security, and Preparedness.

d. Custom software development and outsourced operations must be located in the U.S. to the maximum extent practical. If such services are proposed to be performed abroad and are not disallowed by other VA policy or mandates, the contractor/subcontractor must state where all non-U.S. services are provided and detail a security plan, deemed to be acceptable by VA, specifically to address mitigation of the resulting problems of communication, control, data protection, and so forth. Location within the U.S.

may be an evaluation factor.

e. The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the contractor or subcontractor's employ. The Contracting Officer must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination.

3. VA INFORMATION CUSTODIAL LANGUAGE

a. Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1).

b. VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor's information systems or media storage systems in order to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA's information is returned to the VA or destroyed in accordance with VA's sanitization requirements. VA reserves the right to conduct on site inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements.

c. Prior to termination or completion of this contract, contractor/ subcontractor must not destroy information received from VA, or gathered/ created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract.

d. The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract.

e. The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed.

f. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12.

g. If a VHA contract is terminated for cause, the associated BAA must also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.01, Business Associate Agreements.

Absent an agreement to use or disclose protected health information, there is no business associate relationship.

h. The contractor/subcontractor must store, transport, or transmit VA sensitive information in an encrypted form, using VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated.

i. The contractor/subcontractor's firewall and Web services security controls, if applicable, shall meet or exceed VA's minimum requirements. VA Configuration Guidelines are available upon request.

j. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations:

(i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA's prior written approval. The contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response.

k. Notwithstanding the provision above, the contractor/subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the contractor/subcontractor is in receipt of a court order or other requests for the above mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response.

l. For service that involves the storage, generating, transmitting, or exchanging of VA sensitive information but does not require C&A or an MOU-ISA for system interconnection, the contractor/subcontractor must complete a Contractor Security Control Assessment (CSCA) on a yearly basis and provide it to the COR.

4. INFORMATION SYSTEM DESIGN AND DEVELOPMENT

a. Information systems that are designed or developed for or on behalf of VA at non-VA facilities shall comply with all VA directives developed in accordance with FISMA, HIPAA, NIST, and related VA security and privacy control requirements for Federal information systems. This includes standards for the protection of electronic PHI, outlined in 45 C.F.R. Part 164, Subpart C, information and system security categorization level designations in accordance with FIPS 199 and FIPS 200 with implementation of all baseline security controls commensurate with the FIPS 199 system security categorization (reference Appendix D of VA Handbook 6500, VA Information Security Program).

During the development cycle a Privacy Impact Assessment (PIA) must be completed, provided to the COR, and approved by the VA Privacy Service in accordance with Directive 6507, VA Privacy Impact Assessment.

b. The contractor/subcontractor shall certify to the COR that applications are fully functional and operate correctly as intended on systems using the VA Federal Desktop Core Configuration (FDCC), and the common security configuration guidelines provided by NIST or the VA. This includes Internet Explorer 7 configured to operate on Windows XP and Vista (in Protected Mode on Vista) and future versions, as required.

c. The standard installation, operation, maintenance, updating, and patching of software shall not alter the configuration settings from the VA approved and FDCC configuration. Information technology staff must also use the Windows Installer Service for installation to the default "program files" directory and silently install and uninstall.

d. Applications designed for normal end users shall run in the standard user context without elevated system administration privileges.

e. The security controls must be designed, developed, approved by VA, and implemented in accordance with the provisions of VA security system development life cycle as outlined in NIST Special Publication 800-37, Guide for Applying the Risk Management Framework to Federal Information Systems, VA Handbook 6500, Information Security Program and VA Handbook 6500.5, Incorporating Security and Privacy in System Development Lifecycle.

f. The contractor/subcontractor is required to design, develop, or operate a System of Records Notice (SOR) on individuals to accomplish an agency function subject to the Privacy Act of 1974, (as amended), Public Law 93-579, December 31, 1974 (5 U.S.C. 552a) and applicable agency regulations. Violation of the Privacy Act may involve the imposition of criminal and civil penalties.

g. The contractor/subcontractor agrees to:

(1) Comply with the Privacy Act of 1974 (the Act) and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an agency function when the contract specifically identifies:

(a) The Systems of Records (SOR); and

(b) The design, development, or operation work that the contractor/ subcontractor is to perform;

(1) Include the Privacy Act notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, when the work statement in the proposed subcontract requires the redesign, development, or operation of a SOR on individuals that is subject to the Privacy Act; and

(2) Include this Privacy Act clause, including this subparagraph (3), in all subcontracts awarded under this contract which requires the design, development, or operation of such a SOR.

h. In the event of violations of the Act, a civil action may be brought against the agency involved when the violation concerns the design, development, or operation of a SOR on individuals to accomplish an agency function, and criminal penalties may be imposed upon the officers or employees of the agency when the violation concerns the operation of a SOR on individuals to accomplish an agency function. For purposes of the Act, when the contract is for the operation of a SOR on individuals to accomplish an agency function, the contractor/subcontractor is considered to be an employee of the agency.

(1) "Operation of a System of Records" means performance of any of the activities associated with maintaining the SOR, including the collection, use, maintenance, and dissemination of records.

(2) "Record" means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, education, financial transactions, medical history, and criminal or employment history and contains the person's name, or identifying number, symbol, or any other identifying particular assigned to the individual, such as a fingerprint or voiceprint, or a photograph.

(3) "System of Records" means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual.

i. The vendor shall ensure the security of all procured or developed systems and technologies, including their subcomponents (hereinafter referred to as "Systems"), throughout the life of this contract and any extension, warranty, or maintenance periods. This includes, but is not limited to workarounds, patches, hotfixes, upgrades, and any physical components (hereafter referred to as Security Fixes) which may be necessary to fix all security vulnerabilities published or known to the vendor anywhere in the Systems, including Operating Systems and firmware. The vendor shall ensure that Security Fixes shall not negatively impact the Systems.

j. The vendor shall notify VA within 24 hours of the discovery or disclosure of successful exploits of the vulnerability which can compromise the security of the Systems (including the confidentiality or integrity of its data and operations, or the availability of the system). Such issues shall be remediated as quickly as is practical, but in no event longer than 3 days.

k. When the Security Fixes involve installing third party patches (such as Microsoft OS patches or Adobe Acrobat), the vendor will provide written notice to the VA that the patch has been validated as not affecting the Systems within 10 working days. When the vendor is responsible for operations or maintenance of the Systems, they shall apply the Security Fixes within 3 days.

l. All other vulnerabilities shall be remediated as specified in this paragraph in a timely manner based on risk, but within 60 days of discovery or disclosure. Exceptions to this paragraph (e.g. for the convenience of VA) shall only be granted with approval of the contracting officer and the VA Assistant Secretary for Office of Information and Technology.

5. INFORMATION SYSTEM HOSTING, OPERATION, MAINTENANCE, OR USE

a. For information systems that are hosted, operated, maintained, or used on behalf of VA at non-VA facilities, contractors/subcontractors are fully responsible and accountable for ensuring compliance with all HIPAA, Privacy Act, FISMA, NIST, FIPS, and VA security and privacy directives and handbooks.

This includes conducting compliant risk assessments, routine vulnerablity scanning, system patching and change management procedures, and the completion of an acceptable contingency plan for each system.

The contractor's security control procedures must be equivalent, to those procedures used to secure VA systems. A Privacy Impact Assessment (PIA) must also be provided to the COR and approved by VA Privacy Service prior to operational approval. All external Internet connections to VA's network involving VA information must be reviewed and approved by VA prior to implementation.

b. Adequate security controls for collecting, processing, transmitting, and storing of Personally Identifiable Information (PII), as determined by the VA Privacy Service, must be in place, tested, and approved by VA prior to hosting, operation, maintenance, or use of the information system, or systems by or on behalf of VA. These security controls are to be assessed and stated within the PIA and if these controls are determined not to be in place, or inadequate, a Plan of Action and Milestones (POA&M) must be submitted and approved prior to the collection of PII.

c. Outsourcing (contractor facility, contractor equipment or contractor staff) of systems or network operations, telecommunications services, or other managed services requires certification and accreditation (authorization) (C&A) of the contractor's systems in accordance with VA Handbook 6500.3, Certification and Accreditation and/or the VA OCS Certification Program Office. Government- owned (government facility or government equipment) contractor-operated systems, third party or business partner networks require memorandums of understanding and interconnection agreements (MOU-ISA) which detail what data types are shared, who has access, and the appropriate level of security controls for all systems connected to VA networks.

d. The contractor/subcontractor's system must adhere to all FISMA, FIPS, and NIST standards related to the annual FISMA security controls assessment and review and update the PIA. Any deficiencies noted during this assessment must be provided to the VA contracting officer and the ISO for entry into VA's POA&M management process. The contractor/subcontractor must use VA's POA&M process to document planned remedial actions to address any deficiencies in information security policies, procedures, and practices, and the completion of those activities. Security deficiencies must be corrected within the timeframes approved by the government. Contractor/subcontractor procedures are subject to periodic, unannounced assessments by VA officials, including the VA Office of Inspector General. The physical security aspects associated with contractor/ subcontractor activities must also be subject to such assessments. If major changes to the system occur that may affect the privacy or security of the data or the system, the C&A of the system may need to be reviewed, retested and re- authorized per VA Handbook 6500.3. This may require reviewing and updating all of the documentation (PIA, System Security Plan, Contingency Plan). The Certification Program Office can provide guidance on whether a new C&A would be necessary.

e. The contractor/subcontractor…